Union Of India vs Sakuntala Naik And Others
2023 Latest Caselaw 13321 Ori

                                          IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                      FAO No.128 of 2019

                                 Union of India                          ....          Appellant
                                                          Mr. P.S. Nayak, Senior Panel Counsel
                                                            -versus-
                                 Sakuntala Naik and others               ....       Respondents
                                           Mr. P.K. Behera, Advocate for Respondent Nos.1 to 4

                                            CORAM:
                                            JUSTICE B. P. ROUTRAY

                                                          ORDER

30.10.2023 Order No.

04. 1. Heard Mr. P.S. Nayak, learned Senior Panel Counsel for the Appellant-Union of India and Mr. P.K. Behera, learned counsel for the Respondent Nos.1 to 4-claimants.

2. Present appeal is directed against the judgment dated 12.11.2018 passed in O.A. No.154 of 2014 by the Railway Claims Tribunal, Bhubaneswar Bench, Bhubaneswar wherein compensation of Rs.4,00,000/- or Rs.8,00,000/-, whichever is higher, along with interest @9% per annum from the date of award has been directed to be paid in favour of the claimants.

3. Mr. Nayak submits that the deceased being a ticketless passenger, the requirement of untoward incident is not fulfilled and thus the claimants are not entitled for compensation.

4. Upon verification of the record, such submission advanced by Mr. Nayak on behalf of the Railways is not found substantiated. Keeping in view the evidence of A.W.2, who was a co-passenger

Signature Not Verified Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 01-Nov-2023 15:25:31 of the deceased travelling in the same train and other circumstances of the case, such contention of Railways is rejected.

5. Mr. Nayak further submits that the claimants are not entitled for interest on the higher amount.

6. Keeping in view the principles decided in the case of Union of India -vs- Rina Devi, (2019) 3 SCC 572, the direction of the learned Tribunal is modified to the extent that the Appellant- Railways is directed to pay the compensation of Rs.4,00,000/- along with interest @9% per annum from the date of accident or Rs.8,00,000/-, whichever is higher, within a period of four months from today, which shall be disbursed to the claimants on such terms and proportion to be decided by learned Tribunal.

7. The appeal is disposed of.

8. An urgent certified copy of this order be granted on proper application.

( B.P. Routray) Judge

B.K. Barik

Signature Not Verified

Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 01-Nov-2023 15:25:31